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Poster: gzd Date: Apr 15, 2010 11:50am
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

According to IMDB, this is a Spanish/Italian film, published in these countries more than 30 days before being published in the US. As such, it is exempt from the copyright notice requirement. The only way it would be PD would be if it had been PD in Spain and Italy in 1995, which seems a bit of a stretch for such a recent film.

1923 through 1977
Published in the US more than 30 days after publication abroad, without compliance with US formalities, and not in the public domain in its home country as of 1 January 1996 (but see special cases)
US copyright term: 95 years after publication date

(source: http://www.copyright.cornell.edu/resources/publicdomain.cfm)

The copyright notice is only a requirement for works first published in the US before 1977 (and for works first published in the US between 1978 and March 1st 1989 and not registered within 5 years).

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Poster: HektorT Date: Apr 16, 2010 4:02am
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

>>According to IMDB, this is a Spanish/Italian film, published in these countries more than 30 days before being published in the US. As such, it is exempt from the copyright notice requirement. The only way it would be PD would be if it had been PD in Spain and Italy in 1995<<

Actually for GATT the country of first publication is what counts. That is Spain. Then there is another way for it to be PD, that is if the copyright holders under spanish copyright law are all American. Generally that would be the primary Director, screenwriter and music composer, although it differs in some countries and the dialog writer is concerned. In this case the director is not American, so we can move on.

>>The copyright notice is only a requirement for works first published in the US before 1977 (and for works first published in the US between 1978 and March 1st 1989 and not registered within 5 years).<<

Copyright notice for GATT films is a special case. IF the film does NOT contain a notice, then a Circuit Court ruling affects some US states (including California, where archive.org is located). For these states it has been ruled that such films were never published for the purpose of US copyright law, so the copyright law for unpublished films would apply and the copyright is valid for 120 years from the date of creation.

@gzd: that little (7) on the header of the webpage you refer to, refers to a footnote "... For much of the twentieth century, certain formalities had to be followed to secure copyright protection..." and further indicates that only the most common formalities are listed. a further footnote (9) indicates that the information in the chart is "drawn extensively" from the book by Fishman, which I previously referred to in answer to a question on my sources. Footnote (11) lists some US formalities, one of which is *registration* at the Copyright Office.

In any event, I submit to you that this chart is not sufficient to determine the public domain status of any film.

...[edit] continuing to read the extensive footnotes. Footnote (12) of the link you posted, contradicts just about everything you say above, if not the entirety of your statement.

This post was modified by HektorT on 2010-04-16 11:02:32

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Poster: PeteGCDB Date: Apr 15, 2010 12:35pm
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

This stuff is tricky isnt it? :)

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Poster: cosmico Date: Apr 15, 2010 2:13pm
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

I've seen it here and elsewhere over the years, where something was released and later had to be pulled. Better to be on the safe side. ;)

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Poster: PeteGCDB Date: Apr 15, 2010 2:15pm
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

Especially when it takes 4 hours to upload it! haha

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Poster: cosmico Date: Apr 15, 2010 2:18pm
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

True.

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Poster: HektorT Date: Apr 15, 2010 3:35pm
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

Here is a list you can try, although some, such as Charade are definitely not PD (I think because the underlying story is still under copyright)

http://www.50statesclassifieds.com/ad.php?id=28865

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Poster: PeteGCDB Date: Apr 15, 2010 4:15pm
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

Thanks for the link Hektor! I see a ton of classic exploitation flix on there that Id love to add to my video channel. Unsure if theyre actually PD or not though. Should I make a list of the ones I want to check and submit it on the forum?





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Poster: HektorT Date: Apr 16, 2010 12:50am
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

Hi, yeah that's a nice list. But a lot are not PD and a lot of the ones that are PD are already on here. I guess you could post here and hope video cellar comes back to help you as he was pretty reliable. Otherwise look at my post on "how to determine if a film is copyright" and that should get you pretty far. A lot of copyright research you get on here from people concerning post 1964 films is inaccurate.

If you are really interested in setting up a video site you should buy some copyright books for laymen and spend a week or two doing online research. That's what I did 10 years ago when I started publishing stuff that contains public domain material.

What's your website? I can email you some useful things.


This post was modified by HektorT on 2010-04-16 07:49:30

This post was modified by HektorT on 2010-04-16 07:50:55

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Poster: PeteGCDB Date: Apr 16, 2010 3:49am
Forum: feature_films Subject: Re: The Stranger and the Gunfighter (1974)

Sounds good! I def want to see if I can add some more films for my channel but as I said I dont want to jump in without being 100% sure about them being PD.

My website is called The Deuce: Grindhouse Cinema Database. A wikipedia specifically about classic international exploitation & cult cinema.

www.grindhousedatabase.com

My video channel is sort of a companion to the kinds of films we cover on the site.